Multiple Drug/Alcohol Offenders

The Department of Motor Vehicles (DMV) has implemented administrative changes to restoring licenses to individuals with multiple alcohol/drug related convictions.

driver license.jpegApplicants with two or more alcohol/drug related convictions within the past 25 years will no longer be eligible to have their license restored upon completion of the Drinking Driver Program (DDP) but will be required to serve the entire term of suspension or revocation. In the past, a motorist was able to have their license restored after completion of the DDP (possibly seven weeks) even if their period of suspension or revocation could be as long as a year or more.

Applicants with three or four alcohol/drug related convictions or incidents within the past 25 years, without a Serious Driving Offense (SDO) and whose revocation does NOT result from an alcohol or drug related driving conviction or incident, will be denied re-licensing for two years in addition to the mandatory statutory revocation period and then will be re-licensed with a Problem Driver Restriction for two years.

An SDO defined as a fatal accident, driving related Penal Law conviction for two or more violations for which 5 or more points are assessed, or 20 or more points for any violations in 25 years.

lock.jpgApplicants with three or four alcohol/drug related convictions or incidents within 25 years without a SDO, and whose revocation DOES result from an alcohol/drug driving conviction or incident, will be denied re-licensing for five years in addition to the statutory revocation period, and then will be re-licensed with a problem driver restriction for five years with an ignition interlock device (IID).

Applicants with three or four alcohol/drug driving related convictions or incidents within the past 25 years, with a serious driving offense, will be permanently denied re-licensing, subject to compelling extenuating circumstances.

Applicants with five or more alcohol/drugged related conviction or incidents in their lifetime will be denied re-licensing subject to compelling extenuating circumstances. Remember DMV goes back 25 years while most record checks only go back 10 years.

It is difficult to generate sympathy either administrative, legislative, judicial or prosecutorial for people with multiple drinking/drug driving offenses. It is imperative that driver have the services of an attorney with extensive background in this type of defense so the motorist can make informed decisions on how to proceed.